Safety & Compliance

FMCSA Rules on Intrastate Trips

Truckers who begin a trip in interstate commerce and run only intrastate the rest of the week still come under federal jurisdiction, according to a new policy memo issued by the Federal Motor Carrier Administration. The issue centers on hours-of-service rules and overtime pay.

The Fair Labor Standards Act exempts employers from overtime pay requirements if they come under U.S. Department of Transportation hours-of-service rules. DOT only has jurisdiction over interstate carriers but it has never been clear when -- or if-- that jurisdiction extends to drivers who make intrastate as well as interstate runs.Last year what was then the Office of Motor Carriers and Highway Safety issued amemorandum to field offices which said DOT has jurisdiction over a driver for 4 months after a single interstate trip. After considering concerns raised by motor carriers and government agencies, FMCSA has issued the following guidelines: * Any driver who begins a trip in interstate commerce must continue to meet federalhours-of-service requirements through the end of the next 7 to 8 consecutive days,depending on which rule the motor carrier operates under. This applies even if the driver operates exclusively in intrastate commerce for the remainder of the 60/70 hour maximum on-duty period. The driver must also comply with the 10- and 15-hour rules for theremainder of that day and the following 7 or 8 days.* A driver who begins a trip in interstate commerce must have in his/her possession copies of records of duty status for the previous 7 consecutive days unless they qualify for recordkeeping exemptions under 100-air mile radius rules. During that 7 day period prior to the interstate trip the driver may follow applicable state on-duty requirements.